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(A) Application. Any person may file an application with the Planning Commission for final approval of a planned project. Preliminary approval is not required prior to application for final approval and is optional with the petitioner. Application for final approval shall contain at least the following:
(1) A legal description of the property under consideration.
(2) A fully dimensioned map of the land.
(3) A site plan showing the location of all existing and proposed principal and accessory buildings and structures, parking lots, buffer strips, driveways, curb cuts, open areas, sidewalks, outside rubbish containers, fences, and the like.
(4) Architectural sketches, at an appropriate scale showing exterior elevations of principal and accessory buildings and structures, interior room arrangements, and proposed uses. If several buildings of the same design are to be utilized, the above sketches may be provided only for the typical principal or accessory building or structure.
(5) A key indicating the square footage and percent of the site devoted to buildings, parking and access drives, public streets and open space.
(6) A landscape plan showing the location, type, and size at installation of all proposed landscape materials, existing landscaping and trees to be retained on the site, and all proposed fences, walls, berms and similar treatment.
(7) The location and site of all existing and proposed public utilities.
(8) A statement listing and fully explaining the specific modifications of the provisions of this subchapter which are desired.
(9) Payment of a non-refundable fee as provided in the current zoning fees (not required if submitted with preliminary approval application), in an amount established by resolution of City Council from time to time upon recommendation of the City Manager.
(B) Planning Commission action.
(1) If a public hearing has not been held on the project as a condition of preliminary approval, the Planning Commission shall hold a public hearing on the final approval application. If a public hearing has been held on the preliminary approval application, a second hearing for final approval is not required; however, the Planning Commission may, at its discretion, hold another public hearing for final approval. Notice of the hearing shall be published in the local newspaper at least ten days prior to the date of hearing and all property owners within 500 feet of the area shall be notified by mail.
(2) After holding a public hearing, the Planning Commission shall recommend to the City Council approval, conditional approval, or rejection of the planned project and shall set forth its reasons and conditions in writing.
(C) City Council action. Upon receipt of a report and recommendation from the Planning Commission, the City Council shall approve, conditionally approve or reject the planned project.
(D) Standards. In reviewing a planned project, the Planning Commission and City Council shall consider the following standards:
(1) The proposed use or uses shall be of such location, size, and character as to be in harmony with the appropriate and orderly development of the zoning district in which situated and shall not be detrimental to the orderly development of adjacent zoning districts.
(2) The location and size of the proposed use or uses, the nature and intensity of the principal use and all accessory uses, the site layout and its relation to streets giving access to it, shall be such that traffic to and from the use or uses, and the assembly of persons in connection therewith, will not be hazardous or inconvenient to the neighborhood nor conflict with the normal traffic of the neighborhood. In applying this standard, the Commission shall consider, among other things: convenient routes for pedestrian traffic, particularly of children; the relationship of the proposed project to main traffic thoroughfares and to street and road intersections; and the general character and intensity of the existing and potential development of the neighborhood. In addition, where appropriate, the Commission shall determine that noise, vibration, odor, light, glare, heat, electromagnetic or radioactive radiation, or other external effects, from any source whatsoever which is connected with the proposed use, will not have a detrimental effect upon neighboring properties or the neighborhood in general.
(3) The location and height of buildings, the location and nature and height of walls and fences, and the nature and extent of landscaping of the site shall be such that they will not hinder or discourage the proper development and use of adjacent land and buildings nor impair the value thereof.
(4) The standards of density and open space in the proposed planned project are at least equal to those required by this chapter in the zoning district in which the proposed project is to be located.
(5) There shall be a relatively small proportion of uses within the proposed project which are not permitted uses in the zoning district in which the proposed project is to be located.
(E) Length of approval. The approval of a planned project by the City Council shall allow the Building Official to issue a zoning compliance permit in conformity with the application as approved. This permit shall specify with particularity the exact modifications to the provisions of this chapter which have been approved as well as the conditions set forth by the City Council in its approval of the application. The holder of this zoning compliance permit may then proceed with his project in conformity with the permit. No deviations from the conditions of the permit shall be allowed except those which shall be in conformity with the basic provisions of this chapter as they apply to the zoning district in which said project is located.
(1) The length of approval shall be two years from date of Council approval. An extension may be applied for in writing by the applicant prior to the expiration date and may be extended for periods of up to two years by the City Council.
(2) An approved planned project is not affected by a transfer in land ownership.
(`73 Code, 15.042, § 5.18) (Ord. eff. 8-1-67; Am. Ord. eff. 6-15-82)